420-D:5 Revocation or Suspension of Certificate of Authority; Liens. –
I. The commissioner may revoke, deny, or suspend a certificate of authority upon notice and hearing, which hearing notice may be waived if there are exigent circumstances requiring the commissioner to act without a hearing such hearing to be held as soon as possible after action is taken by the commissioner, if the commissioner finds that any of the following conditions exist:
(a) Violation by a provider of any provisions of this chapter or any rule of the department or the department of health and human services, and/or repeated failure to correct violations of this statute, rule or other applicable law.
(b) Failure to continue to meet the requirements of the certificate of authority.
(c) Lack of any qualifications necessary for approval of or to maintain the certificate of authority.
(d) Failure to file a disclosure statement under RSA 420-D:4 or failure to provide an approved disclosure statement to a prospective resident before the transfer of funds, as provided by RSA 420-D:4. Failure to file and get approval for an amended disclosure statement as required by RSA 420-D:4.
(e) Fraud or misrepresentation of a material fact in the disclosure statement or any application or amendment.
(f) Failure to comply with a cease-and-desist order under RSA 420-D:21.
(g) Misappropriation, conversion, or wrongful withholding of money from residents or anyone conducting business with the provider.
(h) A demonstrated lack of fitness or trustworthiness including violations of state or federal laws.
(i) Failure to make a new application for certificate of authority in accordance with RSA 420-D:13 when there is a sale, transfer of ownership, or transfer of control.
(j) Such unsound financial condition or any other practice which may be hazardous or injurious to residents or to the general public including violation of the liquid reserve requirement of RSA 420-D:8.
(k) Failure to maintain a complete written accounting of all entrance fees paid by each resident or prospective resident by the provider and to keep such funds in a separate bank account entitled "entrance fees", if required, until they may be released as provided in this statute.
(l) Dissemination of false or misleading advertising material.
(m) Failure to timely file quarterly or annual reports in accordance with RSA 420-D:7 and 420-D:7-a.
(n) Failure to maintain sufficient funds in escrow accounts if required.
(o) Failure to report any intended change in control or change or default in any blanket financing applicable to the facility.
(p) Failure to provide notice of a change in the owner.
II. In addition to other remedies, if necessary to protect the interests of the residents, the commissioner may record a lien in accordance with RSA 420-D:9 on the real and personal property of the provider and/or owner and shall take any other action necessary to protect the residents of the facility. Filing such lien shall not require prior court approval.